September/October 2014 In This Issue Features 2 WBA Honors Women Who Stand Together at Stars of the Bar 2 Boston 2014: News from the NCWBA and ABA Commission on Women Annual Meetings 5 By Laura Possessky, Partner, Gura & Possessky, PLLC; WBA Past President Whistleblowers Encounter Muddled Waters In Search Of Dodd-Frank Anti-Retaliation Protection 6 By Anna E. Kwidzinski, Legal Editor, Bloomberg BNA; Editor, Raising the Bar Summer 2014 Sees Introduction of Numerous Women’s Health Bills 8 By Cathy Pagano, Senior Government Relations Representative, U.S. Postal Service; Co-Chair, Energy and Environmental Law Forum & Government Attorneys Forum Deciding on Child Care for your Family: Au Pair and Nanny Pros and Cons 9 By Jamie Finch, Balanced Work Life Solutions President’s Column 11 By Suzanne Reifman, WBA President WBA Foundation 12 WBA Foundation President’s Letter 12 By Nancy A. Long, WBAF President WBA Foundation Donors 12 Founder’s Fellow: My Work at Neighborhood Legal Services Program 13 A Personal Essay by Maria J. Maldonado, Howard University School of Law Committee & Forum Highlights 14 Women in the Judiciary in the Muslim World 14 By Nausheen Hassan, Co-Chair, WBA International Law Forum Career Development Committee: Sending You Greetings and Seeking Your Input! 16 By Anne E. Collier, MPP, JD, PCC, Principal, Arudia Mentor Center: News and Views from the Mentoring Committee 17 By Shannon Beebe, Co-chair, Mentoring Committee International Law Forum Happy Hour 18 Member News 18 Mulkey Finalist for Magistrate Judge 18 Firms Named to Healthiest Places to Work 18 Murphy Joins White & Case 18 Willis Featured in Female Powerbrokers Q&A 18 Welcome New Members 18 Upcoming Events 19 WBA Committees & Forums 19

Raising the Bar Editorial Board Cynthia Hemphill Sonali Khadilkar Anna E. Kwidzinski Tiffany Wynn Staff Liaison: Trow & Rahal, P.C. Khadilkar Law PLLC Bloomberg BNA Crowell & Moring LLP Carol Montoya, CAE [email protected] [email protected] [email protected] [email protected] [email protected] Raising the Bar Newsletter September/October 2014 Features

WBA Honors Women Who Stand Together at Stars of the Bar Stars of the Bar launches the WBA’s fall season and is a highlight of our program year. A no-cost networking event, there were almost 300 attorneys, judges, law students, and other leaders from the DC legal community in attendance. During the networking reception, attendees had an opportunity to meet and talk with WBA and WBA Foundation leaders; to learn about the WBA’s programs, services, and benefits; to find out how they can become more involved; and to meet with WBA Foundation members to learn about their grantees and how they can leverage their contribution with that of others for a greater impact. This bar year’s theme is Standing Together: whether you are just starting your law career or have been practicing for many years, the WBA is here for you. Whether you work in Miri Joo U.S. Environmental Protection Agency & Angela a large or small law firm or work in government, nonprofit Colamaria U.S. Department of Energy’s Loan Programs Office or in-house, the WBA is here for you. The 2014 Stars of the Bar recipients were chosen because they embody the Standing Together theme and have shown a commitment furthering the advancement of women in the profession. The following women were recognized during a brief ceremony at the event: • Honorable Anna Blackburne-Rigsby, Judge, District of Columbia Court of Appeals • Mary Reding Smith, President, Military Spouse JD Network • Leslie T. Thornton, Vice President, General Counsel & Corporate Secretary, WGL Holdings, Inc. and Washington Gas Light Company Judge Anna Blackburne-Rigsby was nominated by President George W. Bush to the DC Court of Appeals l-r: Ashley Ludovicy, Hilary Gordon, and Kari-lynn in August 2006. She chairs the DC Courts’ Standing Wenciker of the Military Spouse JD Network Committee on Fairness and Access, serves as Co-Chair of DC’s Access to Justice Commission, is President of the National Association of Women Judges (NAWJ), and serves as Chair of the Board of Managerial Trustees for the International Association of Women Judges. Prior to her appointment to the DC Court of Appeals, Judge Blackburne-Rigsby was nominated by President Clinton to the Superior Court of the District of Columbia and served from 2000-2006. She previously served as a Magistrate Judge on the Superior Court of the District of Columbia from 1995-2000. Judge Blackburne-Rigsby’s volunteer and community service is extensive. She has served on the DC Rape Crisis Board, is the former President of the Washington, DC Chapter of Jack and Jill of America, Inc., is a member of the Washington, DC Chapter of l-r: Nancy Combs; Debrah Farnell, DKM the Links, Inc., and is a lifelong member of the NAACP. Planners Inc.; Anne Collier, Arudia

2 Raising the Bar Newsletter September/October 2014

“Supporting each other as women lawyers, women professionals, women colleagues, women friends, is not a debatable to me – we owe it to each other,” said Ms. Thornton. “We owe it to ourselves. We owe it the world. While the calendar says 2014, statistics in almost every significant societal segment show that we still lag – in law partnership ranks, on the bench, in C-suites, on corporate boards, in football franchises. So what the WBA does so well is critical to continue. You’ve demonstrated your support for the WBA by being here this evening -- keep it up!” Mary Reding is the founder of the Military Spouse JD Network (MSJDN), a bar association for attorneys married to service-members. After founding the MSJDN in 2011, Ms. Reding worked tirelessly to support her fellow military Dionne Lomax, Mintz Levin & Christina spouse attorneys. As President, she grew MSJDN from two Gervasi, U.S. Court of Federal Claims members in Summer 2011 to over 1,000 in 2014, meeting hundreds of members in person along the way for coffee and In her remarks, Judge Blackburne-Rigsby discussed her work mentorship. Ms. Reding has travelled far and wide to petition as NAWJ’s President, where she chose as her theme, Ensuring state licensing authorities to change rules to make it easier for Access to Justice for All. “My goal has always been to ensure military spouses to maintain a legal career. She made sure that equal access to justice and fairness for all individuals who come into contact with the legal justice system,” she said. Leslie T. Thornton has been Vice President and General Counsel of WGL Holdings, Inc. and Washington Gas Light Company since January 2012, having joined that company as Counsel to the Chairman in November 2011. She is responsible for developing, coordinating, and providing legal advice and counsel to WGL and all its subsidiaries on matters including, but not limited to, litigation, regulatory affairs, business transactions, employment and labor law, employee benefits issues, ethics, compliance, and cyber-threats/cyber-security, among others. At the chairman’s request, Ms. Thornton also serves on WGL’s Strategy Council, Risk Management Committee, Anti- Fraud Committee, and SOX Management Committee. Prior to joining the company, Ms. Thornton served as a Brett Mather and Rob Rafie of Esquire Deposition partner with Dickstein Shapiro LLP in Washington, DC Solutions flank Alyse Constantinide from 2004 until 2011 and as a partner with Patton Boggs, LLP from 2000 to 2004. Beginning with the Presidential Transition of 1992 and until 2000, Ms. Thornton worked with U.S. Secretary of Education Richard W. Riley, first as Deputy Chief of Staff and Counselor, and then as Chief of Staff at the U.S. Department of Education. She was selected by the White House in 1995 to serve on the President’s White House Budget Working Group when the government shut down, and in 1996 she served in a senior role on President Clinton’s presidential debate team. Since 2005 Ms. Thornton has been a member of the board of directors of Career Education Corporation, a publicly traded company, where she is Chair of the Compliance Committee and a member of the Nominating & Governance Committee. She has recently co-authored a treatise chapter on privacy and security in the 2013 Thomson Reuters/West Law series entitled Successful Agata Pelka National Women’s Law Center & Partnering Between Inside and Outside Counsel. Jamille Fields National Health Law Program

3 Raising the Bar Newsletter September/October 2014

national legal organizations like the American Bar Association and the Conference of Chief Justices knew the stories and sacrifices of military spouse attorneys. She built relationships with leading military non-profits like the Military Officers Association of America and the National Military Family Association to connect and support more military spouses. MSJDN has grown to include pro bono support for military widows and their families through a partnership with the Tragedy Assistance Program for Survivors. In her professional career, Ms. Reding is a Senior Advisor on financial policy for the U.S. Government. Ms. Reding shared her experiences with the crowd: “As an attorney, my days are spent like many of you, working Almost 300 attendees joined the WBA in to find solutions to large issues facing this country. While honoring our Stars of the Bar. my days are spent at a desk, my life is spent as a member of the most incredible community on earth – the United States military.… Since graduating from law school, I have moved seven times, typical of military families which move, on average, every 2-3 years, often to posts overseas. Due to these frequent moves, military spouses have a 26% unemployment rate and a 25% wage gap compared to their civilian counterparts. Our spouses are deployed—many are in combat—as we take bar exams, apply for jobs, and practice law. Most employers see a resume with that many moves and see a bright red flag. I don’t see red flags or cautionary tales, I see service and sacrifice. Service to our community, service to our country, and sacrifice for ideals that are greater than our own.” l-r: Mary Reding Smith, Military Spouse JD Network; In addition, Colleen Yushchak, Director, Navigant Honorable Anna Blackburne-Rigsby, District of Consulting, was presented with the Mussey-Gillett Shining Columbia Court of Appeals; WBA President Susanne Star Award in recognition of her excellent and work and Reifman, Northrop Grumman; Leslie T. Thornton, WGL long-time dedication as a founding co-chair of the of the Holdings, Inc. and Washington Gas Light Company; WBA’s Membership Committee. Colleen Yushchak, Director, Navigant Consulting Ms. Yushchak described her WBA experience: “When I first joined the WBA in 2006, I wanted to expand my network. However, the reason I am still an active member and Thank You To Our Stars Of The Bar Sponsors: supporter of the WBA is because of the quality of people I Platinum Level have had the opportunity to meet and work alongside for Arudia Sidley Austin these past 8 years.” Crowell & Moring LLP WilmerHale Many thanks to our Stars of the Bar Co-chairs for putting McKenna Long & Aldridge LLP Hogan Lovells US LLP together such a stellar event! O’Melveny & Meyers • Anne Collier, Arudia Gold Level • Rebecca Gray, Gray Legal PLLC Bryan Cave LLP Major, Lindsey & Africa BuckleySandler LLP Schiff Hardin LLP • Debrah Farnell, DKM Planners Inc. Esquire Deposition Solutions, LLC Sterne, Kessler, Goldstein Foxhound Information & Fox P.L.L.C. Management, LLC Sutherland Asbill & Brennan LLP Photo credit: Tim Lundin, www.tdlphoto.com Freddie Mac Vinson & Elkins LLP Koonz, McKenney, Johnson, WBA Foundation Check out more photos from Stars of the Bar on DePaolis & Lightfoot Weil, Gotshal & Manges LLP our Facebook page. Law Office of Sara Kropf WMACCA

4 Raising the Bar Newsletter September/October 2014 Boston 2014: News from the NCWBA and ABA Commission on Women Annual Meetings By Laura Possessky, Partner, Gura & Possessky, PLLC; WBA Past President The 2014 Annual Meeting of the ABA in Boston heralded The National Conference of Women’s Bar Associations a launch point for some exciting new initiatives for the (NCWBA) Annual Conference, addressed the theme, Breaking advancement of women in the profession. The ABA Barriers – Building Bridges. The event, presented at Suffolk Commission presented two new programs: The Grit Project University School of Law, provided a forum for women’s bar and The Women of Color Research Initiative’s, From Visible associations leaders across North America to engage in fruitful Invisibility to Visibly Successful. Both of these programs are dialogue on a number of issues concerning the advancement designed as educational initiatives to raise awareness of of women in the profession. The keynote luncheon address ongoing challenges, provide solutions, and create dialogue was delivered by retired federal judge Nancy Gertner (also a on closing the gender equity gap. Organizations and law 2014 Margaret Brent Award recipient) and author of In Defense firms are committing to hosting events nationally featuring of Women: An Unrepentant Advocate. The forum presented a the research and resources made available by the ABA variety of programs addressing gender diversity from a range Commission on Women. The Grit Project “educates women of perspectives. Lauren Stiller Rikleen, the author of You lawyers about the science behind grit and growth mindset Raised Us, Now Work with Us, addressed cross-generational - two important traits that many successful women lawyers issues in the workplace and provided valuable tips on bridging have in common.” The Invisible Visibility Project follows generational differences. Kori Carew, Director of Strategic “three cutting-edge research studies that analyzed the Diversity Initiatives at Shook, Hardy & Bacon, discussed career trajectories and experiences of women of color and breaking barriers in diversity and 21st century leadership. the prevalence of factors that support or undermine their The afternoon sessions focused on media messages about retention and advancement, … to inform on the research women in leadership with presentations by Rosalind and strategies that will ensure the success of women of Barnett, Senior Scientist at the Center for Women’s Studies color.” Reports and articles on these topics are available on at Brandeis University and author of The New Soft War on the ABA Commission’s website, including downloadable Women, and Amy Gutman a facilitator from the OpEd forms of the most recent report From Visible Invisibility: Project who spoke on using the written press as a means to Women of Color in Fortune 500 Legal Departments. establish thought leadership.

About the NCWBA and the ABA Commission on Women in the Profession The NCWBA was founded in 1981 by WBA past presidents Judy McCaffrey and Susan Low. We have three past leaders currently serving in NCWBA leadership: Monica Parham (WBA Past President), Karen Lockwood (WBA Past President), and Marjorie O’Connell (WBA Foundation Past President), who currently serves as the ABA liaison to the NCWBA. The ABA Commission on Women was founded in 1987. We have had several WBA leaders and members serve on the commission over the years and many of our members are counted among the ranks of the ABA Commission on Women’s most prestigious award, the Margaret Brent Award.

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5 Raising the Bar Newsletter September/October 2014 Whistleblowers Encounter Muddled Waters In Search Of Dodd-Frank Anti-Retaliation Protection By Anna E. Kwidzinski, Legal Editor, Bloomberg BNA; Editor, Raising the Bar In its largest payout to date, in September, the Securities and Court for the Southern District of New York acknowledged Exchange Commission (SEC) awarded $30 million under the that even though anti-retaliation provisions listed in Section Dodd-Frank Wall Street Reform and Consumer Protection Act 78u-6(h)(1)(A)(i)-(ii) “explicitly prohibit retaliation against to a whistleblower who provided original information leading to whistleblowers who provide information and testimony to a successful enforcement action.1 No doubt such an amount may the SEC,” individuals also are protected if reporting under further incentivize potential whistleblowers to reap the benefits 78u-6(h)(1)(A)(iii), which doesn’t require that disclosure of Dodd-Frank’s bounty program.2 But despite the apparent be made directly to the SEC.11 The Egan court found that “a success of financial regulatory reform ignited by the Great literal reading of the definition of the term ‘whistleblower’ Recession,3 questions still linger in federal courts about whether in 15 U.S.C. § 78u–6(a)(6), requiring reporting to the SEC, internal whistleblowers who don’t report to the SEC are entitled would effectively invalidate § 78u–6(h)(1)(A)(iii)’s protection to Dodd-Frank’s anti-retaliation protections. of whistleblower disclosures that do not require reporting to the SEC.”12 Considering that “[t]he legislative history of the The SEC established the Office of the Whistleblower as Act provides little evidence of Congress’s purpose” behind a requirement of the bounty program created by Dodd- the ambiguous language, the court found other “provisions Frank under 15 U.S.C. § 78u-6.4 This provision amended 5 of the Dodd–Frank Act show that Congress was perfectly the Securities Exchange Act of 1934 to add Section 21F. capable of extending whistleblower protection to persons Under the whistleblower program, the SEC shall award other than those reporting to a particular federal agency.”13 between 10 and 30% of monetary sanctions equaling more than $1 million obtained in an enforcement action Similarly, the U.S. District Court for the Middle District “to 1 or more whistleblowers who voluntarily provided of Tennessee ruled in April 2012 that “a plaintiff seeking original information” to the SEC that resulted in successful protection under § 78u-6(h)(1)(A)(iii) must at least show… enforcement.6 Rather than merely incentivizing workers to [that s/he]…reported that information to the SEC or to come forward, Dodd-Frank also prohibits employers from another entity (perhaps even internally),” among other retaliating against “whistleblowers.” However the definition requirements.14 The U.S. District Court for the District of of “whistleblower” for anti-retaliation purposes isn’t as clear Connecticut agreed, adding that it does “not believe it is as the statutory language may suggest. unambiguously clear that the Dodd-Frank Act’s retaliation provision only applies to those individuals who have Section 78u-6(h)(1) of the ’34 Act specifically mandates that provided information relating to a securities violation to the “no employer may discharge, demote, suspend, threaten, Commission.”15 An interpretation limiting Dodd-Frank’s harass…or in any other manner discriminate against, anti-retaliation protections only to those reporting to the a whistleblower…because of any lawful act done by the 7 SEC would “dramatically narrow the available protections whistleblower.” In particular, Section 78u-6(h)(1)(A) outlines available to potential whistleblowers,” the court decided.16 three lawful acts: i) providing the SEC with information; ii) It found that “[s]uch a reading seems inconsistent with the initiating, testifying in, or assisting in any investigation or goal of the Dodd-Frank Act, which was to ‘improve the action based on such information; or iii) “making disclosures accountability and transparency of the financial system,’ and that are required or protected under the Sarbanes-Oxley Act create ‘new incentives and protections for whistleblowers.’”17 of 2002…[the ’34 Act]…and any other law, rule, or regulation” within the SEC’s jurisdiction.8 Employees who have been But the Fifth Circuit created a split among federal courts when subjected to discharge, discrimination, or another type of it affirmed the U.S. District Court for the Southern District retaliation because of their protected acts may file a private of Texas in dismissing a former employee’s lawsuit involving cause of action in federal court pursuant to 78u-6(h)(1)(B)(i).9 internal reporting.18 The trial court didn’t address whether But some who have sought relief under this anti-retaliation Dodd-Frank’s anti-retaliation provisions applied to individuals provision have faced difficulties stemming from contradictory making internal complaints; rather, it found that the law judicial interpretation. Claimants seeking judicial guidance doesn’t apply extraterritorially.19 Nonetheless, the Fifth Circuit on the definition of “whistleblower” most often confront faced the internal reporting issue head-on and held that “the problems with the third type of reporting activity, which plain language of the Dodd-Frank whistleblower-protection includes certain complaints made to supervisors or others provision creates a private cause of action only for individuals within a company. who provide information relating to a violation of the securities laws to the SEC.”20 According to the Fifth Circuit, the definition The rift came last year with the appellate decision in Asadi of “whistleblower” found in Section 78u-6(a)(6) doesn’t conflict v. G.E. Energy United States, L.L.C., 720 F.3d 620 (5th Cir. 10 with the third category of protected activity listed in Section 2013). Before the U.S. Court of Appeals for the Fifth Circuit 78u-6(h)(1)(A)(iii). The appellate court honed in on the fact that issued its decision in Asadi, many district courts decided that the statutory language of Section 78u-6(h)(1)(A) uses the term internal whistleblowers are still protected by Dodd-Frank “whistleblower” as opposed to “employee” or “individual.” Using anti-retaliation provisions. In May 2011, the U.S. District 6 Raising the Bar Newsletter September/October 2014

“such broader terms would indicate that Congress intended any additionally defer to the SEC itself for guidance. In 2011, individual or employee—not just those individuals or employees the agency promulgated regulations specifically taking into who qualify as a ‘whistleblower’—to be protected from account public comments about the necessity of keeping retaliatory actions by their employers,” the Fifth Circuit wrote.21 a strong internal compliance program alongside the Dodd-Frank bounty program.30 The SEC concluded that § Yet other federal courts are going in a different direction. Just 78u–6(h)(1)(A)(iii) “provides anti-retaliation protections three months after the Asadi appellate decision, the Southern for employees of public companies…when these employees District of New York once again ruled in two separate cases report to (i) a federal regulatory or law enforcement agency, that internal whistleblowers may partake of Dodd-Frank’s 22 (ii) any member of Congress or committee of Congress, or anti-retaliation protections. Because the Rosenblum court (iii) a person with supervisory authority over the employee or found ambiguity in the statutory language, it looked to the SEC such other person working for the employer who has authority for guidance and determined that reporting to the SEC isn’t to investigate, discover, or terminate misconduct.” 31 required to avail oneself of anti-retaliation protection under Dodd-Frank. Likewise the Yang court23 in May looked to the The SEC reiterated its position in an amicus curiae brief 2011 regulations promulgated by the SEC and found that “[t] accompanying the appeal petition in Lui. The agency argued that he SEC thus recognizes a narrow exception to the requirement the Second Circuit should defer to the SEC’s interpretation of § that employees report violations directly to the SEC, based on 78u–6(h)(1)(A)(iii), which includes making internal reports of the statutory language in 15 U.S.C. § 78u-6(h)(1)(A)(iii) which securities fraud at public companies.32 Section 21 F of the ’34 Act incorporates reporting malfeasance to supervisors.” Even the “does not unambiguously demonstrate a Congressional intent U.S. District Court for the District of Nebraska, ruling on an to restrict employment anti-retaliation protection to only those issue of first impression, called the Asadi appellate decision individuals who provide the Commission with information “unwieldy.”24 It added that the Fifth Circuit’s “interpretation is relating to a violation of the securities laws,” the Commission simultaneously under-inclusive from the employee’s perspective wrote.33 The agency added that it “carefully calibrated the and over-inclusive from the SEC’s point of view. That is because rules implementing the monetary award component of the it fails to account for the fact that employees tend to report whistleblower program to ensure that individuals were not matters internally before complaining to the SEC.”25 disincentivized from first reporting internally.”34 Further, “[t] he securities laws recognize that internal company reporting Disappointingly, some jurisdictions seem to be going out by employees and others is important for deterring, detecting, of their way to avoid the question altogether, possibly to and stopping unlawful conduct that may harm investors” and avoid a circuit court split. The U.S. Court of Appeals for “[b]y providing new incentives and protections for individuals the Eighth Circuit completely sidestepped the issue in to engage in whistleblowing activity, the Dodd-Frank September, ultimately declining to hear a certified question whistleblower program enhances the existing securities-law on what constitutes a “whistleblower” for the purposes of 26 enforcement scheme, including internal company reporting,” the Dodd-Frank’s anti-retaliation provisions. Surprisingly, the SEC concluded.35 Southern District of New York27 and later the U.S. Court of Appeals for the Second Circuit28 relied on the fact that Even in its 2013 annual report on the Dodd-Frank Dodd-Frank doesn’t apply extraterritorially to dismiss an whistleblower program, the OWB emphasizes the importance employee’s complaint, rather than tackle the definition of of internal reporting.36 To sum up, “The whistleblower program whistleblower. And in June of this year, the U.S. District was designed to complement, rather than replace, existing Court for the Eastern District of Wisconsin chose to focus on corporate compliance programs. While it provides incentives the distinction between banking and “securities” laws, rather for insiders and others with information about unlawful than addressing the internal reporting question.29 conduct to come forward, it also encourages them to work within their company’s own compliance structure.”37 Federal What remains clear about Dodd-Frank’s anti-retaliation courts should keep this in mind when making decisions that provisions is the ambiguity surrounding them. And while most likely will affect future professional prospects of employees it is important to keep precedent in mind, courts should who choose to report alleged wrongdoing.

______7 Securities Exchange Act of 1934 §21F, 15 Kramer v. Trans-Lux Corp., No. 23 Yang v. Navigators Grp., Inc., No. 13- 32 Liu v. Siemens AG, No. 13-4385-cv 15 U.S.C. § 78a et seq. (1934); 3:11-cv-01424, 2012 U.S. Dist. LEXIS CV-2073, 2014 U.S. Dist. LEXIS 63876 (2d Cir. Aug. 14, 2014), amicus brief 1 Press Release, U.S. Securities 8 Id. 136939 at *10, (D. Ct. Sept. 25, 2012); (S.D.N.Y. May 8, 2013); filed Feb. 20, 2014; and Exchange Commission, 16 24 33 9 Id. Id. Bussing v. COR Clearing, LLC, No. Id. SEC Announces Largest-Ever 17 8:12-CV-238, 2014 U.S. Dist. LEXIS 34 10 Id. at *11, quoting Asadi (5th Cir.) Id. Whistleblower Award (Sept. 22, 2014) www.ca5.uscourts.gov 69461 at *31 (D. Neb. May 21, 2014); 18 35 (on file with author); 11 Asadi v. G.E. Energy United States, Id. Egan v. TradingScreen Inc., No. 10 25 Id. at *31-*32 2 L.L.C., 720 F.3d 620 (5th Cir. 2013); 36 Dodd-Frank Wall Street Reform Civ. 8202, 2011 WL 1672066 at *4, 2 U.S. Securities and Exchange and Consumer Protection Act § 922 (S.D.N.Y. May 4, 2011), (emphasis in 19 Asadi v. G.E. Energy (USA) LLC, 7 Liu v. Siemens AG, 978 F. Supp. 2d Commission, 2013 Annual Report (2010), amending Securities Exchange original); No. 4:12-345, 2012 WL 2522599 (S.D. 325 (S.D.N.Y. 2013); to Congress on the Dodd-Frank Act of 1934, 15 U.S.C. § 78a et seq.; 28 12 Id. Tex. 2012); Liu v. Siemens AG, No. 13-4385-cv Whistleblower Program (2013); 3 20 (2d Cir. Aug. 14, 2014); 37 International Monetary Fund, World 13 Asadi, 720 F.3d at 623. Id. Id. 29 Economic Outlook (April 2009); 21 Zillges v. Kenney Bank & Trust, No. 14 Id. At 626. 4 See N. 2; Nollner v. Southern Baptist 13-cv-01287 (E.D. Wis. June 4, 2014); Convention, Inc., 852 F.Supp.2d 986, 22 Rosenblum v. Thompson Reuters 5 See N. 2; 995 (M.D. Tenn. 2012) (emphasis (Markets) LLC, No. 13 Civ. 2219 30 17 C.F.R. § 240, 249 (2011); 31 6 Id. added); (S.D.N.Y. Oct. 25, 2013); Id. (emphasis added)

7 Raising the Bar Newsletter September/October 2014 Summer 2014 Sees Introduction of Numerous Women’s Health Bills By Cathy Pagano, Senior Government Relations Representative, U.S. Postal Service; Co-Chair, Energy and Environmental Law Forum & Government Attorneys Forum As policymakers head into fall 2014 elections, many study whether prescription contraceptives could be made lawmakers are focused on women voters and on women’s available safely to adults without a prescription; and lifts the health as a key issue. Below are several bills introduced Obamacare cap on Flexible Spending Accounts and restores this summer addressing women’s health. Bills below can be the use of Health Savings Accounts and Flexible Spending found free of charge on www.congress.gov. Accounts to cover over-the-counter medication ...” The House and Senate legislation concerning the Hobby BACKLASH TO HOBBY LOBBY DECISION Lobby case awaits further action as the 113th Congress Several legislators introduced bills in reaction to the heads into its final months. Supreme Court’s controversial June 2014 decision in the Hobby Lobby case, which held that closely held OTHER WOMEN’S HEALTH BILLS PENDING corporations that have sincere religious beliefs could be CONSIDERATION protected under the Religious Freedom Restoration Act Contraception Access for Servicemembers (RFRA), and therefore they could not be forced to offer certain types of contraception. Several weeks after the On July 30, 2014, Sen. Shaheen introduced S. 2687, the decision, on July 9, 2014, Rep. Louise Slaughter (D-NY) “Access to Contraception for Women Servicemembers introduced H.R. 5051, the “Protect Women’s Health From and Dependents Act of 2014.” The bill had 23 cosponsors Corporate Interference Act.” According to Rep. Slaughter, as of 9/28/14, including Senate Majority Leader Reid, but the bill “would explicitly prohibit for-profit employers only one Republican cosponsor, Sen. Collins (R-ME). that maintain a group health plan for its employees from On July 30, a coalition of organizations concerned about using religious beliefs to deny employees coverage of women’s health sent a letter to Sen. Shaheen endorsing contraception or any other vital health service required the bill. According to Sen. Shaheen, the bill would “bring by federal law. The bill exempts federally mandated health care provided by the military in line with current health services from RFRA while keeping in place the law for civilian populations by ensuring that all women existing exemption for religious employers (e.g., houses of who receive health care through the United States military worship) and accommodation of religious non-profits who have access to all FDA-approved contraception with no do not wish to provide contraceptives.” As of 9/28/2014, health insurance co-pay. The bill would also require the bill had 162 Democratic cosponsors. Department of Defense to develop and implement family planning counseling for all servicewomen at specific points The Senate reacted with parallel efforts. Also on July 9, during their service…” 2014, Sen. Patty Murray (D-WA) and Sen. Mark Udall (D-CO) introduced companion legislation in the Senate, Protecting Breast Health S. 2578. A week later, on July 16, a cloture vote to allow On July 17, 2014, Sen. Dianne Feinstein (D-CA) and for Senate consideration of this legislation failed by a Sen. Kelly Ayotte (R-NH) introduced S. 2622, the “Breast vote of 56-43. Before the vote, Senator Feinstein (D- Density and Mammography Reporting Act of 2014.” The CA) urged passage saying, “[t]his bill is simple: it would sponsors state that the legislation “would improve breast protect elements of employer-provided health care cancer detection by requiring mammogram reports to plans that are already required by law against challenge include whether a woman has dense tissue, so she can on the basis of the Religious Freedom Restoration Act. discuss with her doctor if she should seek additional It would not infringe any individual’s constitutional screening… Women with dense breast tissue may receive right to the free exercise of religion, nor would it alter normal mammogram reports even if cancer is present existing exemptions and accommodations for religious because dense tissue can obscure cancer…The bill would set organizations and nonprofits….” See, Congressional a minimum federal standard, as designated by the Secretary Record of July 16, 2014, page 78. of Health and Human Services (HHS), for notification Also reacting to the Hobby Lobby decision, on July 15, and a recommendation that women discuss with their 2014, Sen. Kelly Ayotte (R-NH) introduced S. 2605, the doctors whether additional screening is necessary. The bill “Preserving Religious Freedom and a Woman’s Access to also directs HHS to study improved screening options for Contraception Act.” The bill had 16 Republican cosponsors women with dense tissue.” Similar legislation, H.R. 5145, as of 9/28/14. According to Sen. Ayotte, the bill “affirms was introduced by Rep. Rosa DeLauro (D-CT) and Rep. that employers cannot prohibit a woman from accessing Steve Israel (D-NY) on July 17, 2014. contraception or any other FDA-approved drug or medical Also, on July 24, 2014, Sen. Amy Klobuchar (D-MN) and device; requests that the Food and Drug Administration Sen. David Vitter (R-LA) introduced S. 2655, the “EARLY

8 Raising the Bar Newsletter September/October 2014

Act Reauthorization of 2014”, to reauthorize the Young Prenatal Support and Early Diagnosis in Newborns Women’s Breast Health Education and Awareness Requires On July 31, 2014, Sen. McConnell introduced S. 2722, Learning Young Act of 2009. This bill would extend the the “Protecting Our Infants Act of 2014,” to “facilitate EARLY Act, which created an education and outreach identification and dissemination of evidence-informed campaign to underscore breast cancer risks facing young recommendations for addressing maternal addiction and women and help provide tools to fight this disease. neonatal abstinence syndrome and to provide for studies with Safety in Feminine Hygiene Products respect to neonatal abstinence syndrome.” Neonatal abstinence syndrome is a broad term used to define infant withdrawal On May 28, 2014, Rep. Carolyn Maloney D-NY) introduced from exposure to opioids and other drugs in the womb. H.R. 4746, the “Robin Danielson Act of 2014,” named for a victim of Toxic Shock Syndrome. The bill is a revised Ebola Outbreak, To Learn More version of earlier legislation to study potential health effects With the many horrific stories about the Ebola crisis in of menstrual hygiene products. Rep. Mahoney’s press Africa, WBA members may be wondering how to learn release indicates that the bill would require NIH to research more and what we might do to help. Many websites have whether menstrual hygiene products containing dioxin, information to share, including the two below from the synthetic fibers and other additives such as chlorine and World Health Organization and UNICEF: fragrances, present health risks. Currently FDA monitors dioxin in raw materials and tampons, but not in certain www.unicefusa.org/donate/stop-spread-ebola-west-africa/1 other women’s hygiene products. 8771?gclid=CIi5vtSF58ACFSMV7AodbQoARA www.who.int/mediacentre/factsheets/fs103/en/

Deciding on Child Care for your Family: Au Pair and Nanny Pros and Cons By Jamie Finch, Balanced Work Life Solutions

POTENTIAL PROS OF HIRING AN AU PAIR Costs: Taking into consideration the fees, living expenses, Working Parents Committee Presents and other costs, an au pair is significantly more affordable an Au Pair Panel Discussion & Fair for families with two or more children. On average, the cost On November 12, 2014, the Working Parents associated with an au pair is about $7.75 per hour and that Committee will host an Au Pair Presentation & Fair at does not increase for additional children. Finnegan, 901 New York Avenue, NW, Washington, DC, Cultural Experience: One benefit of hosting an au pair is from 12:00 – 1:30 p.m. the exposure that your children will have to a new culture If you interested in hiring an Au Pair, have questions and/ and language. Au pairs will usually share the cuisine and or concerns, are looking for tips on how to make the most culture of their country with your children, which can be an out of your au pair relationship, or wonder what it would enriching and educational experience. be like to have an au pair in your home, join us and hear Ease of Schedule: Even though au pairs have a maximum from a diverse group of panelists, including leading au hourly work week, they can be extremely flexible with their pair providers, an au pair, and a host family. Get the time and can change their schedule on a weekly basis. information you need to find out if an au pair is the right choice for you and your family. Support Staff: Au pairs have a network of fellow au pairs, as well as their agencies, to provide them with support There are many factors to consider when selecting and resources. childcare for your family: cost, time, training, and how much responsibility to delegate to name a few. Regulations: Au pair agencies are required to follow Jamie Finch of Balanced Work Life Solutions has regulations set by the U.S. Department of State. Au pair provided a list of pros and cons on hiring an au pair agencies make sure that all candidates are interviewed in- versus hiring a nanny. We hope this is helpful and person and have completed extensive personality tests. Au that you join us on November 12 to learn more about pairs also must, per the State Department, have background the au pair process. checks completed to review their education, any possible criminal record, and relevant medical history.

9 Raising the Bar Newsletter September/October 2014

POSSIBLE CONS OF HIRING AN AU PAIR Longer Hours: Nannies usually work 12-hour days, which includes taking children to school and leaving once Family Life: “Au pair” is French for “as an equal” and as such, au pairs expect to be treated as extended family children are in or ready for bedtime. members. It is common practice for host families and au Trial periods: You can easily let a nanny go if the pair agencies to formally agree that au pairs will be included relationship is not a good fit for your family, as opposed to in dinners, trips, and family celebrations. being committed to a 12-month period with them. Experience: Au pairs may not be pursuing a career in Attachment: Nannies often spend several years with a childcare and might not have more than the minimum family and do not have the immigration restrictions required childcare hours. associated with an au pair. Cannot Meet in Person: Au pairs have their paperwork in Housework and Errands: Nannies are not prohibited from place BEFORE they visit the U.S. and cannot meet families attending to domestic responsibilities such as cooking, before they are hired. Although au pairs speak via Skype, it cleaning, laundry, and household errands. is difficult to replace a face-to-face meeting. Age: Professional nannies are frequently between the ages Age: Au pairs are very young, generally between the ages of of 18 and 50, giving some families more comfort about their 18 and 26. This leads some families to be concerned about maturity level. the maturity level of an au pair. Attachment: Au pairs are restricted from working more POTENTIAL PROS OF HIRING A NANNY than 12 months with a family (although this can be extended by an additional 12 months in some cases). Some Costs: Nannies are paid a salary and charge more for younger children find it difficult to have new caregivers multiple children. Hiring nannies also means the family constantly circulating through their lives. will have to pay for insurance and tax benefits. These costs add up, typically making the cost of a nanny higher than No Housework or Errands: Au pairs are not allowed to do any that of an au pair. household work that is not directly related to the children. High Turnover: Many families have trouble locating a Time Restrictions: Au pairs are required to provide up nanny that is a good fit for their family, which can result in to 10 hours of service daily but cannot exceed 45 hours uncertainty of care. in one week. If your career requires more than a 45-hour workweek, this can pose a problem. Unregulated Training: Nannies are not required to be certified or trained in any way, thereby preventing families POTENTIAL PROS OF HIRING A NANNY from being able to turn to objective third party regulations to help make their caregiver decisions. Life outside of your family: Most nannies have their own families to be involved with when they are not working. As Scheduling: Nannies have their own lives outside of a result, nannies typically do not have the expectation of their work family and may result in personal or family being included in family events when they are not working. commitments that interfere with schedule changes. Privacy: Nannies do not need room and board Jamie Finch is Founder and CEO of Balanced Work/Life accommodations, leaving the family to have personal time Solutions, a unique employee benefits provider that provides when their day is completed. dynamic work/life solutions for companies, organizations, Training: Many nannies have chosen childcare as their and individuals that support caregivers. She can be reached at career and are involved in nanny organizations and unions. [email protected]. Professional nannies are often trained in specific childcare areas and often times hold a degree in early-childhood development. Markets fluctuate. Relationships shouldn’t. We’re with you every step of the way.

Hanane Lemlih Jeff Leclair Financial Advisor Senior Financial Advisor Senior Vice President – Investments Managing Director – Investments 1751 Pinnacle Dr., Fl. 3, McLean, VA 22102 1751 Pinnacle Dr., Fl. 3, McLean, VA 22102 703-760-6891 703-760-5717 [email protected] • leclairlemlihapproach.com [email protected] • leclairlemlihapproach.com Investment and Insurance Products: NOT FDIC Insured NO Bank Guarantee MAY Lose Value Wells Fargo Advisors, LLC, Member SIPC, is a registered broker-dealer and a separate non-bank affiliate of Wells Fargo & Company. © 2010, 2014 Wells Fargo Advisors, LLC. All rights reserved. 0214-02717 [74029-v5] A1675 (1220621_412022)

10 Raising the Bar Newsletter September/October 2014 President’s Column WBA Board of By Suzanne Reifman, WBA President Directors I know, I know, we are all very busy! If your Officers life resembles mine in any way, you have a lot President going on right now. It seems that the Fall is always a hectic work period. At the same time, Suzanne Reifman schools are back in session and the personal Northrop Grumman commitments keep coming. Fortunately, my President-Elect son would rather wear one of those flimsy Susan M.C. Kovarovics Halloween costumes that barely resemble the Bryan Cave, LLP picture on the packaging, which helps take the pressure off this month! However, even with Treasurer all these demands, I make sure to attend all Cheryl I. Aaron the WBA programs I can and I encourage all Sutherland Asbill & of you to do the same. Brennan LLP The WBA focuses on providing quality Treasurer-Elect programming for women lawyers that reflects Sheri Strickler Shilling the diversity of our membership and is Suzanne Reifman Webster, Fredrickson, relevant to women at all stages of their careers. Correia & Puth, PLLC This year we have placed a particular emphasis on offerings for everyone, in keeping with this year’s theme of “Standing Together.” As always, we host fun and interesting Secretary events that are hard to find elsewhere, such as the upcoming Holiday Shopping Maria G. Mendoza Networking Party, Preparing for an Au Pair, and the Holiday Tea, among others. The Goemann Law Firm We provide a diverse array of substantive programming and we concentrate on career Board of Directors development and mentoring programs. We have worked hard to offer programs for Ferdose al-Taie lawyers with more years of experience. We have hosted a program on bridging the generation gap and a networking lunch for lawyers who have been practicing for over Kerri Castellini Feeney & Kuwamura, P.A. 20 years. We also hold monthly solo/small practice lunches and dinners, which tend to attract more entrepreneurial and experienced lawyers. Among other programs Jill Dash in the pipeline is our Partner Dinner, to be held this spring, where we will focus on American Constitution negotiating for personal and professional development. Society for Law & Policy This year, in order to better empower and advance women lawyers, we are developing Elaine Fitch more comprehensive, “deeper-dive” programs. We have already kicked off our Kalijarvi Chuzi Business Development Mastermind Group. Each session in this six part series Newman & Fitch PC addresses a fundamental aspect of business development, provides useful tools and Tonya Gaskins gives participants a chance to help and learn from each other. We are also planning a VOYlegal Spring Leadership Series that will provide more senior lawyers with the critical skills Yolanda Hawkins-Bautista and camaraderie they need as they advance in their careers. Freddie Mac And, of course, we continue to provide members-only benefits. For example, we Celeste M. Murphy provide one-on-one mentors and monthly “business hour” calls. Additionally, we provide other perks to our sustaining members, including free events each year (this Sonia Murphy past month, sustaining members received free admission to our “Blazing Your Own U.S. International Trail” program and reception, which was held in conjunction with WilmerHale’s Trade Commission Women’s Leadership Initiative). In order to further increase the value of your WBA Daria Neal membership, I encourage you to contact any of our committees and forums and get U.S. Department of Justice more involved (see our website for contact and volunteer information). Kathryn O’Neal Finally, although it seems hard to imagine, we are already gearing up for next year’s Board Michelle Turner Roberts of Director elections. The first of several leadership sessions will be held on December Berliner, Corcoran 2. If you have any interest in pursuing a board seat or have a more general interest in & Rowe, LLP leadership opportunities within the WBA, please try to attend one of these sessions. My own experience and the experience of other WBA members I know has shown me that Immediate Past President attending and planning WBA programs and taking on greater leadership responsibility Jessica E. Adler helps develop valuable professional and personal contacts. So, while I know we are all The Law Office of busy, at least for me, I know my time invested in the WBA has been time well spent. Jessica E. Adler 11 Raising the Bar Newsletter September/October 2014 WBA Foundation

WBA Foundation President’s Letter By Nancy A. Long, WBAF President Greetings from the Women’s Bar Association Foundation (WBAF)! I am honored to report that the WBAF received a $10,000 bequest from the estate of Suzanne Richards. Suzanne is a past WBA Woman Lawyer of the Year and WBA Past President. I am humbled by this exceptional gift—Suzanne was a trailblazer and paved the way for so many woman attorneys. I had the good fortune to attend Suzanne’s memorial service this past spring and was inspired by the words spoken about Suzanne by my WBA sisters, including Paulette Chapman, Ellen Jakovic, Sandra Robinson and Marjorie O’Connell. The 2014 WBAF Wine Tasting & Silent Auction was held on October 29 at the law firm of Sterne, Kessler, Goldstein & Fox. The proceeds from the event will support the WBAF Founder’s Fellowship. This year’s Founders Fellow was Maria J. Maldonado, of the Howard University School of Law. She worked with the Neighborhood Legal Services Program (NLSP) this past summer. NLSP’s mission is to serve low-income families and communities in DC by providing free legal services in the areas of family law, housing, wills, and domestic violence. In her essay to the WBAF (which is posted on the WBAF website and included in this newsletter), Ms. Maldonado Nancy A. Long stated that “the Founders Fellowship and NLSP not only helped me sharpen my lawyering skills, but gave me the opportunity to work in the community instead of simply behind a desk . . . I learned that to be a great public interest lawyer, I must be concerned with more than legal issues and the law. I must also care about the people Make a donation to support the and communities I am serving.” Maria also attended the Wine Tasting event to share Foundation’s work. The WBA first-hand her experiences with our supporters. Thanks Maria for the great work! Foundation does not receive Please consider making a donation to the WBAF or including the WBAF in your membership dues; it instead relies estate planning—your generous donation will help the WBAF further its mission to on the support of donors, like you, support organizations that serve the legal and related needs of women and girls in the who wish to support organizations DC Metropolitan community. like our 2014 grantees that promote greater understanding, awareness, WBA Foundation 2014-2015 Donors legal service representation, and Many thanks to our supporters! The following donors made a gift to the WBA advocacy for women and girls in Foundation between August 1, 2014 and October 31, 2014. These gifts will be our community. used to support nonprofits that serve the legal and related needs of women and girls in the DC metropolitan community. For a list of all fiscal year donors and recognition of giving levels, visit www.wbadcfoundation.org. PROUD MEMBER OF $100-$499 Amy Bess Nancy A. Long Nan Shuker Marjorie Burnett Lynne Milne Maureen Thornton Syracuse Nancy Ortmeyer Kuhn Celeste Murphy Andrea Tecce Daria Neal

Up to $99 Jill Dash Anna Kwidzinski Angela Quigley Andrea Downing Laura Possessky Suzanne Reifman Kathleen Gunning Paula Potoczak Michelle Turner Roberts DESIGNATION #8914 Cynthia Hemphill Diana Savit

12 Raising the Bar Newsletter September/October 2014 Founder’s Fellow: My Work at Neighborhood Legal Services Program The Women’s Bar Association Foundation Founders Fellowship, established in 2006 and awarded annually, supports area law students to work with local legal services providers on projects to benefit women and girls in our community. The 2014 fellowship was given to The Howard University School of Law.

A Personal Essay by Maria J. Maldonado, Howard University School of Law Below is Ms. Maldonado’s Executive Summary of her experience as a Founders Fellow in Summer 2014. Click here to read her full essay.

This past summer, I had the honor of serving as a Founder’s Fellow for the Women’s Bar Association of the District of Columbia at Neighborhood Legal Services Program (NLSP). Neighborhood Legal Service Program’s mission is to serve low-income families and communities in DC by providing free legal services in the areas of family law, housing, wills, and domestic violence. As a summer intern at NLSP, I had the opportunity to work on a wide range of assignments primarily in the area of family law. I conducted legal research and wrote memoranda regarding divorce, child custody, and child support. I also drafted motions, edited the work of my supervising attorneys, Ms. Keeshea Turner Roberts and Mr. Burth G. López, accompanied them to court, and took part in client interviews and depositions for two major custody trials.

Additionally, NLSP has a strong commitment to community outreach, and I participated in the firm’s free community workshops regarding: General Domestic Violence Awareness, Building Healthy Relationships, and Father’s Rights. These workshops aim to serve community members, women, and families, and are held at local nonprofits with which NLSP has partnerships.

In sum, the Founders Fellowship and NLSP not only helped me sharpen my lawyering skills, but gave me the opportunity to work in the community instead of simply behind a desk on Microsoft Word or online legal database. I learned that to be a great public interest lawyer, I must be concerned with more than legal issues and the law. I must also care about the people and communities I am serving. NLSP’s holistic approach to legal outreach and community building showed me that I can only be a great legal advocate by gaining the trust of my clients. To achieve this I must become an active part of the communities that I am representing and be visible as “the neighborhood lawyer.”

Proud sponsors of the Women’s Bar Association of the District of Columbia

weil.com Weil, Gotshal & Manges LLP

13 Raising the Bar Newsletter September/October 2014 Committee & Forum Highlights

Women in the Judiciary in the Muslim World By Nausheen Hassan, Co-Chair, WBA International Law Forum On October 1, the WBA International Law Forum and the Capital Area Muslim Bar Association (CAMBA) co-sponsored “To Judge or Not to Judge: Women in the Judiciary in the Muslim World.” The panelists were Engy Abdelkader, co-director of the Immigration Intervention Project at Sanctuary for Families in New York, and Anne Tierney Goldstein, the Human Rights Education Director for the International Association of Women Judges (IAWJ). Saleema Snow, an administrative hearing examiner for the DC Office of Adjudication Services and an adjunct professor at UDC David A. Clarke School of Law, served as the moderator. The impetus for the discussion was Ms. Abdelkader’s published article, To Judge or Not to Judge: A Comparative Analysis of Islamic Jurisprudential woman’s testimony specifically in financial matters – which Approaches to Female Judges in the Muslim World may not even be applicable in modern times – does not (Egypt, Indonesia, and Iran). She explained her findings translate into a broader prohibition on women serving in a through the lens of “rights-restrictive” and “rights- judicial capacity. empowering” interpretations of Islamic law that were frequently leveraged to facilitate or exclude women from Ms. Abdelkader focused on three Muslim-majority the judiciary. For example, a common rights-restrictive countries where religious, social, and political factors argument by conservative Islamic jurists is that the Quran impacted women’s participation in the judiciary. In indicates that there should be two male witnesses to legal Indonesia, the key factors enabling Muslim women to join agreements involving financial transactions. The Quran the bench beginning in 1964 were the country’s tolerant goes on to state that if two men are not available, then one and inclusive interpretations of Islam, as well as necessity – man and two women should serve as witnesses. The rights- there were not enough qualified men to serve as judges, and restrictive interpretation of this Quranic verse holds that a women were needed to fill vacancies on the court. Indonesia woman’s testimony is equal to half of a man’s testimony. By has also employed quotas and gender mainstreaming tactics extension, a woman cannot preside over a court in which to ensure access and opportunity for women to serve on her testimony is not fully accepted. the bench. In Egypt, the first women judges were appointed in 2000. This success stemmed from persistent advocacy By contrast, the rights-empowering interpretation responds by both secular and Islamic women’s rights movements to this argument by noting that there is no Quranic and male judges who publicly voiced support for women injunction that specifically forbids women to serve as judges. A change of heart by Al-Azhar University, the judges. One of the fundamental maxims in Islamic law world-renowned institution of Islamic scholarship in is that all things are permissible unless they are expressly Cairo, paved the way for additional appointments of forbidden; under this line of reasoning, women can women judges. In 2003, Al-Azhar reversed its 1952 edict indeed ascend to the bench because the Quran expresses against women serving in the judiciary. Even the Muslim no limitation on women serving as judges. Furthermore, Brotherhood, a conservative Islamic political party that the Quranic verse regarding witnesses was handed down was then banned in Egypt, officially expressed the view during a time when women were rarely involved in financial that there is no reason to exclude women from the bench. transactions, unlike women in modern society who are Iran presents a more challenging situation for women fully conversant in business, trade, and financial endeavors. judges, who initially received appointments to the country’s The verse was likely intended to ensure that people who courts in 1969. After the 1979 Revolution, however, Iran served as witnesses to financial transactions were familiar demoted women holding judgeships and their involvement with them. Moreover, the requirement only applied to in the courts is now only in an administrative capacity. Ms. financial matters, and women’s testimony was historically Abdelkader suggested that despite the backslide on women’s accepted on an equal basis to men’s testimony in other participation in Iran’s judiciary, hope for improvement subjects, such as property. Therefore, the rights-empowering may lie in cultivating support from male judges as well as interpretation emphasizes that the reduced weight of a 14 Raising the Bar Newsletter September/October 2014 other men in politically influential positions. Similar to the to acknowledge her judicial authority – even claiming alliances and partnerships with men that enabled women they would not mind receiving a death sentence because in the US to ascend to the bench, this strategy may benefit they had already been dishonored by appearing before a women aspiring to serve as judges in Iran. woman judge. For years, she treated her challengers with politeness and respect, emphasizing that she only wished Ms. Goldstein began by describing the IAWJ’s Jurisprudence to achieve justice for people in her role as a judge. Over of Equality Program, a judicial training program designed time, her detractors came to accept her participation in the to afford judges the information and analytical tools they judiciary, along with that of other women. In fact, at the need to promote and protect women’s rights to be free end of 2013, Ashraf Jehan became the first woman to be of discrimination and violence, drawing upon sources appointed to serve on Pakistan’s sharia court. such as the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Both panelists noted that the arguments against women Discrimination Against Women (CEDAW). The goal is serving as judges in Muslim countries contained numerous to build a true “jurisprudence of equality” – one based parallels to arguments that women faced in the US and on universal principles of human rights. Ms. Goldstein elsewhere when they first began joining the judiciary: noted that the current and former membership of the women are too emotional; they are intellectually inferior; IAWJ includes women judges hailing from a number maternity leave causes a backlog on the court’s docket, etc. of Muslim-majority countries, including Afghanistan, Ms. Abdelkader observed that the panel’s topic is important Indonesia, Iraq, Jordan, Pakistan, Syria, Tunisia and the to all of us from the standpoint of promoting women’s United Arab Emirates. Additionally, the IAWJ’s membership civil and human rights, as well as encouraging young girls includes Muslim women judges from countries with sizable to imagine themselves joining the judicial profession – a Muslim populations, including Bosnia, Kenya, Nigeria and priority both at home and abroad. She remarked that during Tanzania. (Separately, Ms. Abdelkader noted that there are her interactions with women judges from Egypt, Lebanon, also Muslim women serving in the judiciary in Lebanon, and Jordan, they actually inquired about the prevalence Morocco, and the Palestinian Territories.) of Muslim women judges in the US. In fact, there are a handful of Muslim-American women serving on the bench Ms. Goldstein also played a poignant video clip of Khalida domestically. In one of the many synergies that developed Rashid Khan, the first woman to serve in the Superior during this event, CAMBA will provide information Judiciary in Pakistan. The video of Judge Khan, who about them to Ms. Goldstein, with an eye toward their currently serves on the International Criminal Tribunal participation in the next IAWJ biennial conference for Rwanda, is part of an IAWJ oral history project that scheduled for May 2016 in Washington DC. seeks to preserve and disseminate the stories of the women judges who have participated on the new international Attendees found the discussion to be truly inspiring, criminal tribunals in The Hague and Arusha. Judge Khan and stayed on afterwards to continue the dialogue while was first appointed in 1974 as a civil judge in Pakistan partaking in the appetizers and beverages provided. We in the provincial judiciary of the North West Frontier thank our host, O’Melveny & Myers LLP, for supporting Province, a conservative region of the country. Her this event. We also thank the Human Rights Brief of judgeship was later challenged on the basis of her gender American University’s Washington College of Law, which in a 1982 petition to the country’s sharia (Islamic law) live-tweeted during the program at @hrbrief, @wbadc, court. The federal sharia court issued a ruling that there and #wbadc – the full stream for this event is available at was no basis under Islamic law to disqualify a woman from #muslimjudiciary. The International Law Forum plans to serving as a judge. In the video clip, Judge Khan described offer additional programming in 2015, so we hope to see how she presided over cases where men did not want you at future events!

15 Raising the Bar Newsletter September/October 2014 Career Development Committee: Sending You Greetings and Seeking Your Input! By Anne E. Collier, MPP, JD, PCC, Principal, Arudia The Career Development Committee is looking forward Ms. Collier left tax law to be a catalyst for women stepping to an exciting 2014-2015. We have a great slate of events in into power. She can be reached at [email protected]. the works already, but we would also love member input Ms.Gray is a trial attorney and the owner of GrayLegal about a few potential ideas and the best timing of events for PLLC, a trial-focused litigation boutique. She can be maximum participation. Below we each briefly introduce reached at [email protected]. Susan Kovarovics is a ourselves and our programs. We hope you’ll consider our partner with the law firm of Bryan Cave LLP and focuses potential ideas and email us to share your thoughts and get her practice on export controls and trade sanctions. She can involved. Here’s to a great year! be reached at [email protected]. Leadership Task Force: A Collaborative Effort Lisa Horowitz This is an exciting year for the Career Development “I am delighted to be working Committee; it is the year of new initiatives, new ideas, and with the Career Committee new partnerships. Anne Collier, Co-chair of the Career this year. I am looking forward Development Committee, Rebecca Gray, Co-chair of the to bringing to our DC women Membership Committee, and Susan Kovarovics, WBA lawyers an excellent program President-Elect, have formed the Leadership Task Force developed by the American (LTF). The LTF’s mission is to support women lawyers who Bar Association Commission are close to or who have transitioned to partner, manager, or on Women: “True Grit and leader. The LTF will develop programs focused on helping a Growth Mindset: The women truly step into their power. The programs will provide Secrets of Success for Women skills, tools, insight, and support in areas such as personal Lawyers.” This program Lisa Horowitz effectiveness, leadership, finance, the business of law, and discusses two characteristics other elements of success. The LTF has a few requests: found to be integral to the success of many women lawyers (often more important than IQ, class rank, or law school). 1. Spread the word! The program will share the science behind these traits, 2. Attend, learn, and grow! how they can be developed, leveraged, and exercised in the real-life situations in which women attorneys regularly find 3. Support the program by offering space. themselves, such as arguing a deposition, making a pitch, and handling a heavy workload.” 4. Send us your ideas – we want to know what you Ms. Horowitz consults with law firms and legal departments need and think. on their talent management initiatives and coaches attorneys on “taking charge” of their careers. She can be Be on the lookout for reached at [email protected]. our first program in late January or early February Katherine (Kate) Schuerman and subsequent programs Rebecca Gray “As a new member of throughout the spring. the Career Development Committee, I’m excited to jump in by putting together a program highlighting alternative paths for lawyers who find that their career development path is leading them away from traditional legal practice. The panel will Katherine (Kate) hopefully be going forward Schuerman in January or February, with a team of women working in legal fields ranging from professional development to teaching to policy and/or advocacy work. The hope is to share insights about how Susan Kovarovics Anne E. Collier

16 Raising the Bar Newsletter September/October 2014 to make a jump from practice when and if the time or career opportunities that will help you advance your career. opportunity is right, and how to get the path paved.” The experienced panelists will discuss how their strategic partnerships were used to advance their careers.” Ms. Schuerman is a sixth-year attorney who recently moved from law firm to in-house. She can be reached at Ms. Szebrat is an HR Consultant and provides coaching and [email protected]. training to attorneys and law firms. She can be reached at [email protected]. Cathleen Szebrat Additional Ideas and Request for Input “I am thrilled to be returning to the Career Development In addition to the above, we’re considering putting on Committee for a second programs that address social media tools, creating an year! Our programming individual strategic career plan, and how to brand yourself. will be even more exciting We want to hear from YOU about what sort of career this year. You don’t want development advice you are seeking and whom you would to miss our program this like to hear speak at an event. We would also love to know fall on “Sponsorship for what the best time of day is for events, where you would like Career Development.” As them held, and anything else that you can share to make many of you know, career Cathleen Szebrat career development events more convenient and easy to advancement can be a attend. Thank you for your input! difficult landscape to navigate. Our panelist will describe how sponsors can help you identify and take advantage of

Mentor Center: News and Views from the Mentoring Committee By Shannon Beebe, Co-chair, Mentoring Committee

Happy Hour at Hill Country Barbeque Autumn Events Coming Soon! In July, the Mentoring Committee, led by Janine Herring As the holiday season approaches, the Mentoring Committee and Mia Olsen, co-hosted a well-attended happy hour along and Government Attorneys Committee are proud to present with the Young Lawyers Committee and the Government the Holiday Shopping Happy Hour, to be held the evening Attorneys Committee. Law students from all of the four of November 20 at Lost Society. Local vendors, including DC-area law schools enjoyed networking with current WBA Stella & Dot, will have displays set up and be ready to help members. In fact, several attendees came by our table at you find the perfect gift for your nearest and dearest. Join us Stars of the Bar, having just become members of the WBA! for networking with other committee members, and if you’ve been paired, meet your mentor or mentee. Hors d’oeuvres will Stars of the Bar be served and beverages will be available. In September, the WBA’s cornerstone annual event successfully drew scores of new and returning WBA members to the In Mentoring News Hogan Lovells atrium to celebrate our honorees and check out Check out this Forbes article on why women should take the upcoming programming. The Mentoring Committee is risks and develop sponsors at work. Also, in light of the happy to report that our membership grew to include 44 new recent Ray Rice NFL scandal, take a gander at this Salon and potential WBA members. We look forward to getting to article, where a feminist dude has some thorny questions for know everyone in the coming months! women football fans. Do you agree that feminism and NFL Mentor/Mentee Matchup football are incompatible? Join the conversation at our LinkedIn discussion page. The Mentoring Committee is excited to get started on our foundational program: the Mentor/Mentee Matchup. We began pairing people in mid-October, based as much as possible on interests and experience. We have a surfeit of mentees and urgently need more mentors to get involved. If you would consider mentoring a younger attorney or law student, please contact us at [email protected] or submit a Mentor application. **Note that mentees who also register as a mentor will obtain priority during the matching process.**

17 Raising the Bar Newsletter September/October 2014 International Law Forum Happy Hour On September 24, 2014, the International Law Forum held a happy hour at Poste Moderne Brasserie in Washington DC’s Penn Quarter. The happy hour was moved indoors due to the rain, but that did not dampen our spirits! Approximately 30 legal professionals attended, from practitioners licensed in the U.S. and abroad, to recent graduates and current JD and LLM students. All came out to mix, mingle, and network with their peers, and learn more about the International Law Forum and the WBA. Thank you to everyone who attended, and we look forward to seeing you at the International Law Forum’s next Happy Hour, which will be co-sponsored with the Government Attorneys Forum, in January 2015.

Member News Welcome New Members The following persons joined the WBA in August and Mulkey Finalist for Magistrate Judge September 2014. Shelly Mulkey is one of three finalists for a Magistrate Judge position on the D.C. Superior Danielle Sgro Court. The Committee on the Selection and Tenure of Magistrate Judges forwarded her Irma Leon-Gonzalez name to Chief Judge Lee F. Satterfield for his consideration in selecting a nominee to fill a vacancy created by the retirement of Magistrate Judge Andrea L. Harnett. Ms. Mulkey, Deborah Garibay co-chair of the WBA Mentoring Committee, is an Assistant Attorney General in the Sofia Yazykova Child Support Services Division of the Office of the Attorney General for the District of Daryl Sando Columbia, where she represents the District of Columbia in child support cases, as well as Jessica Nam mentors new attorneys and staff. Krissy DiBenedetto Anna Wright Firms Named to Healthiest Places to Work Catharine Edwards Three WBA member employers were named to the Washington Business Journal’s Alejandra Hernandez Irizarry Healthiest Employers list: Crowell & Moring LLP, Northrop Grumman Corp , and Brenda Fernandez Steptoe & Johnson LLP. They were recognized for leading the way and creating the best Taylor Romigh workplace wellness programs at an awards luncheon in September. Crystal Tully Michelle Bieber Murphy Joins White & Case Diane Wright Sonia Murphy has joined White & Case, LLP. Ms. Murphy, Jessica Christy a member of the WBA Board of Directors, was previously Mary Klumpp Counsel to Chairman Irving A. Williamson at the U.S. Sharon Bradley International Trade Commission. Qiong Tao Kelly Lake Shanthi Sree Nandam Willis Featured in Female Powerbrokers Q&A Valerie Dew WBA Past President Marguerite Willis was featured in Law 360’s Female Powerbrokers For information regarding WBA Member Benefits and becoming Q&A. Ms. Willis is co-chair of Nexsen Pruet’s antitrust and unfair competition practice, involved with a Committee or in Columbia, SC. The interview includes insights into her rise within the profession and Forum, see Membership & Benefits advice to young female attorneys. and Committees & Forums.

18 Raising the Bar Newsletter September/October 2014 Upcoming Events

WBA Committees & Forums Sunday, November 2, 2014 Wednesday, November 12, 2014 National Race to End Women’s Cancer Preparing for an Au Pair Organized by: Community Projects Committee Presented by: Working Parents Committee Every seven minutes, a woman is diagnosed with a reproductive Are you interested in hiring an au pair? Do you have questions or cancer — cervical, ovarian, uterine, vaginal, and vulvar — concerns? Are you looking for tips on how to make the most out of touching more than 90,000 American women each year. Many your au pair relationship? Do you wonder what it is like to live with an are not diagnosed until the late stages of these diseases, and au pair in your home? If you answered yes to any of these questions, nearly a third will die. Through the National Race to End join us for a panel discussion featuring a diverse group of panelists Women’s Cancer, the Foundation for Women’s Cancer shines including leading au pair providers, an au pair, and a host family. Get a bright spotlight on these less talked about, “below the belt” the information you need to find out if an au pair is the right choice for cancers. The WBA is recruiting members (women, men, you and your family. and children) for its race team. The race has something for everyone: there is a 5k race and a 1-mile walk. The event is Monday, November 17, 2014 family friendly! The First 100 Days In-House: Tips for Monday, November 3, 2014 Transitioning from a Law Firm or Corporation Presented by: In-House Counsel Forum Financial Wellness: Navigating The transition to an in-house environment can be challenging, Student Loan Forgiveness whether you are coming from a law firm or another corporation. Presented by: Young Lawyers Committee Join us for a candid discussion with a distinguished panel of in- This event will explore the Public Service Student Loan house attorneys who have successfully made this transition. The Forgiveness Program in detail. The cost of education – law panel will include five attorneys at different stages in their career, school, in particular – has necessitated what can seem like from mid-level associates who transitioned to their first in-house insurmountable debt and can substantially impact financial position, to a General Counsel who transitioned from a public wellness. Learn about a program that will result in manageable company to a private company. Outside counsel looking to transition monthly payments based on your salary and ultimate loan in-house, current in-house attorneys, and anyone with an interest in forgiveness if you work in a government or non-profit position. the in-house practice will find the panel very informative. This program will be especially valuable for law students and young lawyers. Tuesday, November 18, 2014 Solo & Small Practice Dinner Tuesday, November 4, 2014 Presented by: Solo & Small Practice Forum Fall into Fall Happy Hour Join us for an evening of networking and discussion. This event Join the Employment, Solo & Small Practice, and Litigation is open to lawyers from solo and small firms, as well as attorneys Law Forums for a combined networking happy hour! Come to looking to join solo or small firm life. connect with your fellow forum members, meet new contacts, and learn about the co-sponsoring forums. Wednesday, November 19, 2014 Business Development Mastermind Wednesday, November 5, 2014 Group Session 2 of 6: Elevator Pitches Immigration Issues: Child Migrants Presented by: Solo & Small Practice Law Forum, Presented by: Immigration Law Forum Mentoring Committee, and Tax & Business Law Forum There has been a recent surge in the flow of unaccompanied Do you want to get more business from networking or other children coming to the United States from Central America, casual interactions? Ever wonder how to design an elevator pitch specifically from Honduras, El Salvador and Guatemala. that makes you sound confident and capable without seeming Since 2013, the flow of these child migrants has surged 90 cheesy or contrived? Join us for the second in a series of six percent. This event will examine the factors behind the mastermind group sessions. In this session, participants will learn recent surge, problems with the current immigration system, the top five problems with most elevator pitches, create a pitch as well as short-term and long-term policy options for that actually generates referrals, use this six-month program as addressing this crisis. an accountability structure, and gain support and inspiration from others who are experiencing similar challenges.

19 Raising the Bar Newsletter September/October 2014

Thursday, November 20, 2014 Thursday, January 29, 2015 Holiday Shopping Networking Party Leadership Information Session 3 Presented by: Government Attorneys Presented by: Nominating Committee Forum and Mentoring Committee Have you wanted to become more involved in the WBA Get an early start on your holiday shopping while networking with but didn’t know how? Now is your chance to learn about local attorneys! Shop while you mingle—we will have a representative the exciting leadership opportunities in this dynamic from Stella & Dot on site selling jewelry, accessories, bags and other organization! Please join the WBA Nominating Committee for holiday goodies. Each attendee will receive a gift bag with gifts and an information session that will outline available leadership coupons to local vendors. Come prepared with your business cards positions and responsibilities and answer questions about and shopping lists! getting involved with the WBA.

Tuesday, December 2, 2014 Tuesday, March 31, 2015 Leadership Information Session 1 A Conversation with Marcia Greenberger Presented by: Nominating Committee Presented by: Communications Law Forum Have you wanted to become more involved in the WBA but Join us during Women’s History Month in honoring Marcia didn’t know how? Now is your chance to learn about the exciting Greenberger, who was the first full-time women’s rights leadership opportunities in this dynamic organization! Please join legal advocate in the District when she founded and became the WBA Nominating Committee for an information session that Co-President of the National Women’s Law Center in 1981. will outline available leadership positions and responsibilities and Described as “guiding the battles of the women’s rights answer questions about getting involved with the WBA. movement” by the New York Times, Ms. Greenberger is a recognized expert on women and the law. She has been a leader Thursday, December 18, 2014 in securing passage of major legislation, including the Lilly Ledbetter Fair Pay Act, the Pregnancy Discrimination Act, and Holiday Tea the Civil Rights Act of 1991 - providing critical protections Presented by: Communications Law Forum against sexual harassment on the job. She also has served as This afternoon high tea promises to be a festive, delicious and counsel in landmark litigation establishing new legal protections congenial experience – the perfect way to celebrate the holiday for women, including U.S. Supreme Court victories strengthening season with your friends! Our honored guest is Mignon Clyburn, protections for students and teachers against sex discrimination Commissioner of the Federal Communications Commission and in schools. the first woman to serve as the Chairwoman of that Commission. Tuesday, June 2, 2015 Thursday, January 8, 2015 A Lawyer’s View from Capitol Hill New Year! New Career! Presented by: Communications Law Forum Presented by: Mentoring Committee A number of current leaders among communications Join us for an inspiring discussion about optimal strategies to attorneys served early in their careers as staff for committees help you navigate career transitions. Our panelists will discuss on Capitol Hill, either in the U.S. House of Representatives or their successful moves from/to in-house, government, and the U.S. Senate. Are you curious about whether this would be corporate careers, as well as to/from legal to non-legal careers. a valuable option for you in planning your career path? How This event includes an all-star panel of women who made very does one get a job working for a committee? How can you different choices and transitions among multiple legal career tell if a committee staff position would be a good fit for you? options at different times in their lives, followed by an hour to What type of professional positions are available after one has network with peers and mentors. There will be ample time for worked for a Congressional committee? Is the work different networking and Q&A. for committee staff as opposed to the personal staff of a U.S. Senator or Member of the House of Representatives? Hear Thursday, January 15, 2015 an overview of what type of work is performed by committee Leadership Information Session 2 staff. You can ask questions of current and former committee Presented by: Nominating Committee staff members. Have you wanted to become more involved in the WBA but didn’t know how? Now is your chance to learn about the exciting leadership opportunities in this dynamic organization! Please join the WBA Nominating Committee for an information session that will outline available leadership positions and responsibilities and answer questions about getting involved with the WBA.

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